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Labor & Employment Law Daily Wrap Up
    • TOP STORY—9th Cir.: California’s employee classification statute not preempted by federal law
    • ARBITRATION—Cal. App.: Charter Communications wins second chance to prove online job applicant agreed to arbitration
    • ARBITRATION—M.D. Fla.: Employer is third-party beneficiary of onboarding provider’s arbitration agreement with new employees
    • DISCHARGE—10th Cir.: Hispanic worker fired after sexual harassment accusations failed to revive Title VII lawsuit
    • DISCRIMINATION—PREGNANCY—D. Ariz.: Fire inspector may proceed with pregnancy discrimination and FMLA retaliation claims
    • DISCRIMINATION—RACE—N.D. Ind.: Employer’s concern about truck driver exceeding permissible hours under FMSCA regulations supported discharge
    • DISCRIMINATION—RACE—S.D. Ala.: No race bias claim for employee fired after refusing to cut dreadlocks
    • LABOR—ARBITRATION—Termination of short-term flirtatious employee improper absent proof of wrongdoing
    • LABOR—ORGANIZING, ELECTIONS—NLRB: Mail-ballot election at hospital facing small COVID-19 outbreak inappropriate
    • LABOR—PICKETING—9th Cir.: NLRB erred in finding janitorial employees engaged in unlawful secondary picketing
    • LABOR—UNIONS, UNION MEMBERS—S.D. Tex.: Injured flight attendant’s breach of contract claims fail on landing
    • PROCEDURE—E.D. Mich.: Group of union members can’t intervene in union’s settlement with DOJ of corruption probe
    • TRADE SECRETS—E.D. Cal.: Physical therapy provider’s former employee must face misappropriation and contract breach claims
    • WAGE-HOUR—CLASS ACTIONS—D. Colo.: Cannabis security guards denied overtime get conditional certification
    • AGENCY NEWS—Construction company convicted of felonies for withholding OT, failing to pay UI contributions
    • DOL NEWS—Labor contractor pays $32K penalty after three farm workers killed in vehicle collision
    • DOL NEWS—Pipeline inspection company pays $3.85M in overtime wages due to 1,100 workers
    • FEDERAL REGULATIONS—DOL finalizes partial delay of final tip rule until December 31
    • OSHA NEWS—Logistic company cited $12K penalty after one worker died from COVID-19, 23 infected
    • SURVEYS—Harsh reality and uncertain future of post-pandemic work life highlights continued racial, gender discrepancies
    • WHITE HOUSE NEWS—Biden’s ‘American Families Plan’ would provide 12 weeks of paid family and medical leave
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